There is a reason that the layperson refers to legal language as legalese. Legalese is only understandable to lawyers and attorneys. Unfortunately, most of the law and statutes that concern everyone are written in legalese. This could cause a significant problem when you are arrested on suspicion of a Los Angeles DUI and need to understand the strength and weakness of your case. It is also important to understand the defenses and arguments available to you.
The DUI statute, especially after recent changes, embodies a very specific legal concept written right into its statute. California Vehicle Code §23152 (b) reads as follows:
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
Upon first read, a driver who has been charged would not be able to understand what the language means. In fact, it is not only recommended that they seek the help of a Los Angeles DUI attorney, it is necessary.
The first part of the section defines how blood alcohol content will be measured. It gives a standard upon which it will be based.
The second part of the section gives us what is called a rebuttable presumption. The law will presume that a person who take a chemical test within three hours of driving, and has a result of .08 or higher, has, in fact, been unlawfully driving.
The reason it is called a rebuttable presumption, is because this presumption can be rebutted. This means that it can be proven otherwise through testimony and evidence, that this was not in fact the case. However, the burden is on the person who is trying to prove that they did not have a BAC of .08 or more to prove that.
If you find yourself facing this rebuttable presumption, it is a heavy burden to prove. It is imperative that you, in the very least, consult with a Los Angeles DUI lawyer for all available defenses.